Advanced Computer Technology (ACT)
Human Resource Department
“Mr. Jason Miles Case”
February 2016
SUMMARY
This report was commissioned to examine why an employee was
terminated after shared with his manager that he suffered from epilepsy, and
how that could affect the company's reputation, if this employee share his story
to the media.
The main findings were that the manager of Customer Services terminate
the employee due to the possibility of an epileptic seizure occurring during
working hour, which would limit his ability to perform his responsibilities of his
position. Because the manager was specified, that the customer service
representative position requires someone who could function 100% in written
and verbal skills as the job involves speaking directly to customers.
The internal investigation has shown that this in fact was a wrongful
dismissal due to the actions of HR generalist Raphael Lisbon, and Director of
Customer Service Sage Takata. The lack of knowledge about epilepsy in the
workplace, and the proper way of dealing with an employee’s disabilities under
the Human Rights Legislation was clearly an issue for the management team.
The Human Resources department has also decided that training about
Human Rights Legislation will be beneficial for the entire management team. The
termination policy will outline proper procedures and actions while terminating
an employee. Furthermore, it will also include that the director of HR must be
consulted in these types of decisions to ensure that no mistakes are being made.
1
CONTENTS
INTRODUCTION
FACTS …………………………………………………………………………………………….. 4
CASE ANALYSIS .…………….………………………………………………………………….. 4
AGGRAVATING FACTORS .….…………………………………………………………………. 5
The Disability: Epilepsy.….…………………………………………………………… 5
Human Rights Legislation and i mplications in the case .………………………..... 7
Bona Fide Occupational Requirement (BFOR) ……………………………………..… 8
Accommodation...